HomeMy WebLinkAbout20142789.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT, USR14-0030, (FORMERLY KNOWN AS USR-930 FOR
ORGANIC MATERIALS COMPOSTING AND PROCESSING FACILITY) TO
UPGRADE COMPOSTING FACILITY FROM A CLASS III TO A CLASS I
COMPOSTING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT
- KTC FARM, LLC, CIO Al ORGANICS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 17th day
of September, 2014, at the hour of 10:00 a.m. , in the Chambers of the Board, for the purpose of
hearing the application of KTC Farms, LLC, c/o Al Organics, 16350 CR 76 Eaton, CO 80615,
for a Site Specific Development Plan and Amended Use by Special Review Permit,
USR14-0030, (formerly known as USR-930 for organic materials composting and processing
facility) to upgrade composting facility from a Class III to a Class I Composting Facility in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot C of Recorded Exemption, RE-3252; being part
of the NW1 /4 of Section 35, Township 7 North,
Range 66 West of the 6th P.M. , Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Bob Yost, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed , finds that this request shall be approved for the following
reasons:
1 . The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230. 8 of the Weld County Code as follows:
A. Section 23-2-230. B. 1 The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1 ) Section 22-2-20.A (A.Goal 1 ) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and
sustainability of agriculture. "
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SPECIAL REVIEW PERMIT (USR14-0030) - KTC FARM, LLC, CIO Al ORGANICS
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2) Section 22-2-20.A.5 (A.Policy 1.5) states: "Support and entice
agriculturally related businesses and processing facilities."
3) Section 22-4-100.A (TPD.Goal 1) states: "The County expects
businesses, residents and landowners to prevent negative
impacts on human health and the environment from waste
processing or disposal." The proposed amendment will allow the
processing of animal wastes and animal mortalities associated
with agricultural related uses. A Lighting Plan is requested for this
facility (if any on-site lighting changes are proposed) and there are
several Development Standards attached to regulate flies, odors
and other potential impacts associated with this amendment.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.A.12, 23-3-40.B.12,
and 23-3-40.1 of the Weld County Code provides for Solid Waste Disposal
sites and facilities and Animal waste recycling or processing in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The existing
A-1 Organics facility is surrounded by agricultural land. The nearest
residences are located approximately 1,000 feet north of the operations
area. A tree farm is located to the northwest of the site. One phone call
was received from a surrounding property owner in regards to this case
inquiring about what was being applied for under this amendment. Staff
has received no phone calls or correspondence objecting to this request.
A lighting plan is requested for this facility (if any on-site lighting changes
are proposed) and there are several Development Standards attached to
regulate flies, odors and other potential impacts associated with this
amendment.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This site is located within the three-mile referral area of the
Towns of Eaton and Ault. The Town of Eaton, in the referral response
dated June 23, 2014, indicated no conflicts with it's interests. No referral
response has been received from the Town of Ault.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
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F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed facility is located on approximately 152
acres delineated as "Prime," according to the Prime and Important
Farmlands Map of Weld and Larimer Counties, per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
However, the Al Organics operations area covers less than one quarter
of this parcel. The existing operations area for Al organics is covered by
existing buildings and improvements and has not been in agricultural
production for several years. The operations area will not expand as a
result of this amendment.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of KTC Farm, LLC, c/o Al Organics, for a Site
Specific Development Plan and Amended Use by Special Review Permit, USR14-0030,
(formerly known as USR-930 for organic materials composting and processing facility) to
upgrade composting facility from a Class III to a Class I Composting Facility in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County
Code. The plat scale shall be amended to either 1" = 100' or 1" = 200'.
B. All sheets of the map shall be labeled USR14-0030.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Lighting Plan.
3) County Road (CR) 76 is designated on the Weld County Road
Classification Plan as a paved local road which requires 60 feet
of right-of-way at full buildout. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way
and this information shall be noted on the plat. All setbacks shall
be measured from the edge of future right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
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4) CR 33 is designated on the Weld County Road Classification
Plan as a collector road which requires 80 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. A total of
40 feet from the centerline of CR 33 shall be delineated on the
map as "Edge of Future Right-of-Way". The applicant shall verify
the existing right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of future right-of-way.
If the right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County.
5) The applicant shall show the approved access(es) and label with
the approved access permit number (will be provided).
6) The applicant shall indicate specifically the type of right-of-way/
easement and indicate whether it is dedicated, private, or deeded
to provide adequate access to the parcel.
D. An Improvements Agreement and Road Maintenance Agreement is
required for this site. Road maintenance, including dust control, damage
repair, and triggers for improvements will be included.
E. A complete Access Permit Application shall be submitted. Photos of the
existing accesses (photo looking into the access and in both directions
off of the access point(s)) are required to be submitted with the permit
application.
F. An accepted Final Drainage Report, stamped and signed by a
Professional Engineer registered in the State of Colorado, is required.
G. A Lighting Plan, including cut sheets of the intended lights, shall be
provided to the Department of Planning Services for review and
approval. The Lighting Plan shall adhere to the lighting requirements for
off-street parking spaces per Section 23-4-30.E of the Weld County
Code and shall adhere to the lighting requirements in accordance with
Sections 23-3-360.F and 23-2-250.D of the Weld County Code. Further,
the approved Lighting Plan shall be delineated on the plat.
H. The facility shall submit evidence to the Weld County Department of
Public Health and Environment that financial assurance has been
obtained in accordance with CDPHE regulations pertaining to solid
waste sites and facilities.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a
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Mylar plat, along with all other documentation required as Conditions of
Approval. The Mylar plat and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(cilco.weld.co.us.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required.
B. A Right-of-Way Permit is required for any work within the public
right-of-way.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY LORADO
ATTEST: Waitheti je![o;ei . r leem ��
./V
�o `
o�;las " de e , Chair
Weld County Clerk to the Board
arbara Kirk yer, Pro-Tem
BY. ► �_ t i . (',.. , :1 �.
D y Clerk totheBoa 1
an P. Conway
APPROVED AS TO FORM:
c I Mike F em
County Attorney
i . Garcia
Date of signature: Q a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KTC FARM, LLC, C/O Al ORGANICS
USR14-0030
1. The Site Specific Development Plan and an Amended Use by Special Review Permit,
USR14-0030, (formerly known as USR-930 for organic materials composting and
processing facility) is to upgrade the composting facility from a Class III to a Class
Composting Facility in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds.
4. Hours of operation are Monday through Saturday 7:30 AM - 5:00 PM (with overtime if
necessary) according to the application materials.
5. The historical flow patterns and runoff amounts will be maintained on the site.
6. Weld County is not responsible for the maintenance of on-site drainage related features.
7. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
8. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
9. The facility shall operate at all times in accordance with the approved Engineering
Design and Operations Plan (EDOP) dated May 2014. If, during the operational activities
of this facility, information is revealed that changes the currently held concept of the site,
the Hazardous Materials and Waste Management Division of the Colorado Department
of Public Health and Environment (CDPHE) may request modifications to the
Engineering Design and Operations Plan. In addition, regulatory changes that the
CDPHE may implement in the future may also become binding and necessitate
modifications to the EDOP.
10. Composting Operations will not extend past the Certificate of Designation (CD)
boundaries of the property.
11. All EDOP required reports and EDOP required recordkeeping information will be
submitted to the Weld County Department of Public Health and Environment (WCDPHE)
upon request and maintained at the facility.
12. The applicant shall notify the CDPHE Air Pollution Control Division (APCD) and obtain
the appropriate APCD Permits for the facility, as necessary.
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13. The applicant shall notify the CDPHE Water Quality Control Division (WQCD) and obtain
the appropriate WQCD Permits and update the Storm Water Permit for the facility, as
necessary.
14. All liquid and solid wastes as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and/or removed for final disposal in a
manner that protects against surface and groundwater contamination.
15. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S., or those
wastes being composted in accordance with the approved Engineering Design and
Operations Plan.
16. The facility shall receive and process only those materials that are described in the
submitted application materials and Engineering Design and Operations Plan (EDOP),
dated May 2014, and materials as approved in accordance with the Waste
Characterization Plan included in the EDOP.
17. Dead animals (mortalities) shall be considered a Special Waste, consistent with the
approved EDOP Waste Management Plan, and written approval shall be obtained from
the CDPHE and WCDPHE prior to accepting mortalities for composting.
18. Wastes which could otherwise be considered hazardous (or could contain constituents
of concern) should the waste not qualify for a categorical exemption (e.g. remediation
wastes, petroleum contaminated waste, and exploration/production wastes) shall be
considered a Special Waste, consistent with the approved EDOP Waste Management
Plan, and written approval shall be obtained from the CDPHE and WCDPHE prior to
acceptance.
19. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with the approved EDOP
Contingency Plan at all times.
20. The facility will have a written Standard Operating Procedure (SOP) for each composting
procedure utilized. Standard operating procedures and a detailed description of
processing units and processing requirements shall be kept onsite and provided to the
Weld County Health Department for review and approval/modification, upon request.
The description shall include literature and other examples that demonstrate the unit is
an effective composting process, as necessary.
21. Generator Waste Profiles, as specified in the approved EDOP, will be available for all
Type III feedstock and Special Wastes in accordance with the Waste Characterization
Plan. The facility will discontinue acceptance of Type III feedstock and Special Waste
feedstock approved by Al/A1 Representative upon request from the CDPHE or
WCDPHE.
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22. The facility shall comply with all provisions of the CDLE OPS Storage Tank Regulations.
All CDLE OPS records, including but not limited to monthly and annual visual inspection
records, will be provided to WCDPHE upon request.
23. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved EDOP Contingency Plan, at all
times.
24. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-specified Zone as delineated in Section 14-9-30 of the Weld County Code.
25. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
26. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of Hazardous Air
Pollutants (HAPs) and Volatile Organic Compounds (VOCs). All chemicals must be
stored in accordance with manufacturer's recommendations.
27. The facility shall be operated in a manner to control pests and flies. The facility shall be
operated in accordance, at all times, with the approved EDOP Contingency Plan.
Additional fly control measures shall be implemented at the request of the Weld County
Department of Public Health and Environment in the event that flies (which can be
determined to be associated with the facility) are in such a number to be considered a
nuisance condition requiring abatement.
28. The facility shall be operated in a manner to prevent odors and in accordance with their
approved EDOP Contingency Plan. Odors detected off site shall not equal or exceed the
level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the
Colorado Air Pollution Control Regulations. Additional controls shall be implemented at
the request of the Weld County Department of Public Health and Environment in the
event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one
dilution threshold, or in the judgment of the Weld County Health Officer, there exists an
odor condition requiring abatement.
29. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
30. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing
the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection.
31. A Building and Electrical Permit may be required, per Section 29-3-10 of the Weld
County Code, for any new structures, additions or renovation to any structures. A
Building Permit Application must be completed and two (2) complete sets of engineered
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plans. A Code Analysis prepared by a design professional, licensed in the State of
Colorado shall be submitted with the permit application. MSDS sheets for all materials
stored shall be submitted with Building Permit Applications.
32. A Fire District Notification letter shall be submitted to the Eaton Fire Protection for review
and comments and shall be submitted with a Commercial Permit application to Weld
County.
33. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the Use on the adjacent
properties; and neither direct nor reflected light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets and no colored lights
may be used which may be confused with, or construed as, traffic control devices.
34. Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program.
35. Building Permits issued on the proposed lot will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
36. The Use by Special Review activity shall not occur, nor shall any Building or Electrical
Permits be issued on the property, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
37. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
39. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
40. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
41. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
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